Whether it’s a simple aspirin or a more complex surgical device, people rely on medical products to aid in their recovery when they are injured or ill.
However, there are instances when medical prescriptions or devices can do more harm than good, resulting in serious injury or death.
If you were injured by a defective or unsafe medical product, you may be entitled to compensation from the manufacturer.
Call (813) 273-0017 or contact us online to discuss your case with a lawyer.
An experienced Tampa medical malpractice lawyer at Swope, Rodante P.A. can help you file a claim to recover damages for medical expenses, lost income, and pain and suffering.
If the unsafe product causes a fatal injury, the family members of the deceased are entitled to compensation for their loss. A wrongful death lawyer can hold the manufacturer liable for your loved one’s death.
In Florida, there is a four-year statute of limitations to file a product liability claim and a two-year SOL to file a wrongful death claim.
The U.S. Food and Drug Administration regulates and puts products through a lengthy approval process to ensure that they are safe and effective before they are released into the market.
However, despite these safety precautions, some dangerous products manage to be sold on the market.
Common Medical Product Defects
Common medical product defects include:
- Insufficient packaging.
- Improper instructions that cause overdose or ineffective dosage.
- Cross-contamination with glass, bacteria, or mold during the manufacturing process.
- Faulty wiring of a medical device, such as a pacemaker.
Types of Medical Product Liability Claims
The types of medical product liability claims include:
- Negligence – Any mistake that causes patients to be injured. For example, a manufacturer fails to notice a product defect that makes the product unsafe to use.
- Breach of warranty – Refusing to fulfill the terms of a product’s warranty.
- Misrepresentation – Promoting a product with inaccurate or misleading claims about its safety or effectiveness.
- Strict tort liability – If a product is unreasonably dangerous, the plaintiff does not need to prove negligence.
Examples of Medical Liability in the News
Suit Alleges Zoloft Causes Birth Defects
A Florida mother alleged in a federal lawsuit that Pfizer, the maker of Zoloft, one of the most widely prescribed anti-depressant drugs, knew or should have known that the product causes birth defects, but failed to warn patients of its dangers. Her lawsuit was likely to join multidistrict litigation [MDL]. There are over 100 Zoloft birth defect cases currently pending in federal MDL. Pfizer introduced the prescription drug Zoloft to the market in 1991.
Meningitis Outbreak From Tainted Steroids
At least 50 federal lawsuits have been filed against a New England Compounding Center’s facility in Framingham, Massachusetts, which distributed pain steroids that later tested positive for bacterial and/or fungal contamination. The U.S. Centers for Disease Control and Prevention’s current case count involving the fungal meningitis outbreak through tainted steroid injections reports 45 deaths, including 25 cases and three deaths involving the outbreak in Florida alone.
Report Unsafe Products to the FDA
MedWatch is the FDA’s program for reporting product quality problems. Call the FDA at 1-800-FDA-1088 to report by phone, or visit their website or download the online reporting form from the FDA website.
